NARENDRA VERMA Vs. STATE OF MP AND ANOTHER

JUDGEMENT

(1.) Heard.

(2.) Brief facts of the case are that on 14.1.2011 at about 4.45 am Kusumbai, wife of the applicant went to the terrace for urine. After hearing the voice of Kusumbai, Narendra and his son Arvind went to the terrace where they found that respondent No.2-Vivek, his brother Vinod, Sanjay and father Laxminarayan armed with firearms caught hold of Kusum and they were pressing her neck. After seeing them, accused persons fired on them due to which Narendra sustained injuries on his stomach. After listening the sound of fire, Mahesh and other neighbours came to the house of Narendra and found Kusumbai dead. Narendra informed them regarding the incident. The matter was reported to Police Station Shivpuri and police registered the offence under Sections 302 and 307 of the IPC, Sections 25 and 27 of the Arms Act. Injured Narendra was sent for medical examination and treatment. The dead body of deceased was also sent for post-mortem. The statements of the witnesses were recorded. According to the post-mortem report, no injury was found on the body of the deceased Kusumbai and, therefore, in the opinion of the doctor, her death cannot be said to be homicidal in nature. During investigation, police also reached to this conclusion that other named accused Laxminarayan, Vinod and Sanjay were not involved in the crime and they were implicated in the matter due to previous enmity, therefore, the police did not file charge sheet against them. After investigation, police filed charge sheet against respondent No.2-Vivek only for the offence punishable under Section 307 of IPC.

(3.) Learned trial Court after due appreciation of the evidence on record acquitted the respondent No.2/accused from the aforesaid charge. Being aggrieved, the applicant/complainant has preferred this petition for grant of leave to appeal against the impugned judgment of acquittal.